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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle &e~~~v~~u~ ~eUNCIL MEETING AGENDA Prior Lake, MN 55372-1714 AUGUST 2, 2004 7:00pm Fire Station No.1 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: 7:00 p.m. 2. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length. Items to be considered as part of the Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to City governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. 3. 4. A} APPROVAL OF AGENDA: CONSIDER APPROVAL OF JULY'19, 2004 MEETING MINUTES: 5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately. Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the ({Consent Agenda" shall be placed on the City Council Agenda as a separate category. A) Consider Approval of Invoices to be Paid. B) Consider Approval of a Resolution Approving a Final Plat and Authorizing the Mayor and City Manager to Execute the Development Contract for Deerfield Industrial Park. C) Consider Approval of a Resolution Approving a Registered Land Survey (Gaida) D) Consider Approval of Election Judges for the September 14th Primary and the November 2nd General Election. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. P.UBIICiBEARIIGS: A} Consider Approval of Issuance of an On-Sale Intoxicating and Sunday Liquor License for Nancy Piazza d/b/a Pomodori Italian Cafe, Inc. www.cityofpriorlake.com 080204 Phone 952.447.4230 / Fax 952.447.4245 8. PRESENTATIONS: NONE. 9. OLD BUSINESS: NONE. 10. A) NliIlBUSIIESS:: Consider Approval of an Ordinance Amending Section 304 of the Prior Lake City Code Regulating Taxicabs. B) Consider Approval of an Ordinance Amending Section 1107.2200 of the Prior Lake Zoning Ordinance Relating to Exterior Materials in the 1-1 District. C) Consider Approval of a Resolution Scheduling a Public Hearing to Consider Vacation of (1) Toronto from the Ring Road to TH13; and (2) the Frontage Road from Toronto to Franklin Trail. D) Consider Approval of a Resolution Authorizing Purchase and Installation of Floating Boat Slips for Watzl's Beach. 11. OTHER BUSINESSfCOUNCILMEMBER REPORTS: 12. ADJOURNMENT 080204 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING MINUTES July 19, 2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Blomberg, Petersen, Zieska, and LeMair, City Manager Boyles, City Attorney Pace, Planning Director Kansier, Planner Moore, Public Works Director Osmundson, City Engineer Albrecht, Communications Coordinator Oster, and Administrative Assistant Meyer. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length. Items to be considered as part of the Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to City governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. Bovles: Reviewed the procedure for the public forum. No persons were present to address the Council. APPROVAL OF AGENDA: Bovles: Requested adding an item that was distributed to Councilmembers on Friday that is to consider a motion withdrawing a housing incentive grant for Jeffers Pond Family Townhomes. MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE THE JUNE 21, 2004 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried. Councilmember Blomberg abstained as she was not present at the June 21,2004 meeting. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Building Permit Report for June and the 151 Half of 2004. (C) Consider Approval of 2nd Quarter Fire Report and the Monthly Report for June. (D) Consider Approval of Treasurer's Report. (E) Consider Approval of 2004 Second Quarter Investment Report. (F) Consider Approval of 2004 Second Quarter Budget Summary Report and General Fund Overview. (G) Consider Approval of Resolution 04.114 Initiating the Vacation of a Drainage and Utility Easement Located on Property at 16407 Northwood Road. (H) Consider Approval of a Temporary Liquor License for the Prior Lake Chamber of Commerce for Lakefront Days. (I) Consider Approval of Resolution 04.115 Approving the Final Planned Unit Development Plan and PUD Development Contract and Approval of a Resolution Approving the Final Plat and Development Contract for Heritage Landing. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes DRAFT July 19, 2004 (J) Consider Approval of Resolution 04-117 Ordering Preparation of a Feasibility Report for the 2005 Reconstruction Improvement Project. (K) Consider Approval of Revisions to the Naming Policy. (L) [REMOVED] Consider Approval of a Resolution Authorizing the Expenditure of $4000 for the Preparation of a Program and Business Plan for the Proposed Public Safety Joint Training Facility. (M) Consider Approval of Animal Warden Monthly Report. (N) [ADDED] & [REMOVED]- Consider Approval of Motion Authorizing Preparation and Signature of a Letter Acknowledging the Withdrawal of the Local Housing Incentives Grant for a Housing Development to be Known as Jeffers Pond Family Townhomes. Bovles: Reviewed the items contained on the consent agenda. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE THE CONSENT AGENDA AS SUBMITTED WITH THE EXCEPTION OF 5(L) AND 5(N). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: (L) [REMOVED] Consider Approval of a Resolution Authorizing the Expenditure of $4000 for the Preparation of a Program and Business Plan for the Proposed Public Safety Joint Training Facility. (N) [REMOVED]- Consider Approval of Motion Authorizing Preparation and Signature of a Letter Acknowledging the Withdrawal of the Local Housing Incentives Grant for a Housing Development to be Known as Jeffers Pond Family Townhomes. Hauaen: Asked the City Manager to review these items more specifically for the public. Bovles: First, explained the evaluation process that the Scott County Association for Leadership and Efficiency is going through in order to determine the feasibility of construction a joint training facility for police and fire personnel. The SCALE group was organized to brainstorm ways that Scott County governments can cooperate more extensively in order to save the public money. This item proposes that the City of Prior Lake, along with each of the member entities of the SCALE group, contribute to cover the costs to hire a consultant (BKV Group) to prepare a feasibility study and identifying site needs, service needs, and cost analysis. The second item, Item 5N, is a housekeeping measure. In 2002, the City sent a letter of support for a grant for an affordable housing project known as Jeffers Pond Family Townhomes to the MHFA. The developer has determined that the project is no longer viable. Therefore, it would be appropriate to acknowledge the withdrawal of the project. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE CONSENT AGENDA ITEMS 5(L)(RESOLUTION 04-118) AND 5(N) AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. PUBLIC HEARINGS: Consider Approval of an Appeal of the Planning Commission Denial of a Variance for the Creation of Two Lots in the R-1 SD Zoning District (Ramsey) Kansier: Reviewed the agenda item in connection with the staff report. 2 City Council Meeting Minutes DRAFT July 19, 2004 leMair: Clarified that the lot is considered one lot for the purposes of the zoning ordinance. Kansier: Confirmed. Mayor Haugen opened the public hearing. John Ramsey (5609 - 12th Avenue South, Minneapolis, MN - property owner/petitioner): Advised that he was never notified of zoning ordinance changes that made 50 foot lots under common ownership unbuildable as two lots. Also referred to road improvement assessments and taxes dated prior to 1992 where the lots were considered separate. The County has assigned two separate parcel identification numbers as well. Referred to MN Statutes that establishes a minimum lot size as 40 feet. leMair: Asked if Mr. Ramsey could have re-built the cabin that burned down. Also asked if the existing cabin is in use. Ramsey: Advised that they chose not to rebuild the cabin, and the existing cabin is not used. Blombera: Asked if Mr. Ramsey has any documentation from the City after 1992 that identified the property as two separate parcels. Ramsey: No. John Siskoff (15991 Sunfish Trail SE): Commented that the street is too narrow to accommodate existing neighborhood traffic, let alone increased density. There seems to be problem after problem with these properties. The cabin, yard and dock are not maintained. Rick RYbak (16000 Sunfish Trail SE): Agreed with Mr. Siskoff. In addition, stated that he believed the sewer and water hookup was for one 100 foot lot. Also pointed out that the expansion of CSAH 21 will likely impact these lots and make them even smaller. Bernie Mahowald (local builder, representing Mr. Ramsey): Pointed out that the owner did not make the lots non- conforming or put it in the Shoreland District. Believed the owner should be granted the variance or compensated for the impact upon his property at its value of $150,000. Advised that there would be extreme financial impact on the Ramseys. Gave examples of other cities that allowed lesser lot widths. Reviewed each of the hardship criteria and his opinion that the Ramseys did meet the criteria. Also advised that his attorney's opinion is that the property owner's property has been taken and they should be compensated. Lastly, commented that if two different people owned the lots, each could be built upon. Zieska: Commented that the tax statement for each property shows value at approximately $20,000, not the $150,000 as Mr. Mahowald refers to. Chris Ramsey (5545 - 14th Ave. S., Minneapolis): Explained her recent opportunity to re-Iocate to Prior Lake, and how excited she is about her new job with the School District. Spoke about ethical awareness, the financial hardship denial will create, the convenience and necessity of being near family. Asked why the ordinance passed with a minimum 75 foot lot width and why homeowners were not informed. MOTION BY PETERSEN, SECOND BY BLOMBERG TO CLOSE THE PUBLIC HEARING AT 7:54 PM. VOTE: Ayes by Haugen, Blomberg, Petersen, Zleska and LeMair, the motion carried. 3 City Council Meeting Minutes DRAFT July 19, 2004 Pace: Explained that the intent was to minimize the number of variances and impacts given small lots of this type. Advised there was a lengthy public discussion and process in adopting the updated zoning ordinance. There was also a delay in the activation of this provision in order to allow property owners to transfer title in these instances. LeMair: Asked if the affected property owners had been notified. Pace: Advised that statute does not require individual notice. Blombera: Believed that one of the purposes of the Zoning Ordinance was to eliminate nonconformities. The material submitted refers to assessments prior to 1992 and the adoption of the updated Zoning Ordinance. Supported the Planning Commission decision. Petersen: Advised that being in the Shoreland District is an advantage, not a disadvantage as implied by the builder. Supported the Planning Commission decision. Zieska: Asked if every property owner is notified of Zoning ordinance changes and if the City is able to identify the types of properties at question tonight. Kansier: Explained that the update of the Zoning Ordinance fueled a lot of public comment and discussion. Over and above the required notices in the Prior Lake American, there were also articles written. Further commented that it would be nearly impossible for the City to identify properties of this type without enormous staff time. Zieska: Pointed out that the assessments referred to by Mr. Ramsey were based upon front footage, so they would have been the same whether the lots were considered one or two. The Zoning Ordinance was written with this exact situation in mind. Supported the Planning Commission decision. LeMair: Believed there was a responsibility of the property owner to be informed. Sympathized with the perceived financial impact, but agreed with the comments of his fellow Councilmembers and the decision of the Planning Commission. Hauaen: Added that the purpose of the Zoning Ordinance was to eliminate non-conformities, and one new structure can be constructed without variances. Supported the Planning Commission decision. MOTION BY ZIESKA, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04.119 UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE PRECLUDING THE SUBDIVISION OF TWO CONTIGUOUS NONCONFORMING LOTS UNDER COMMON OWNERSHIP, A 36.01 FOOT VARIANCE FROM HTE 86 FEET OF MINIMUM LOT WIDTH FOR LOT 16 AND 17, A 3,862 SQUARE FOOT VARIANCE FROM THE 12,000 SQUARE FOOT MINIMUM LOT AREA FOR LOT 16, AND A 4140 SQUARE FOOT VARIANCE FROM THE 12,000 SQUARE FOOT MINIMUM LOT AREA FOR LOT 17 (SECTION 1102.405(3)). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of an Appeal of the Planning Commission Decision to Require Pavement on a Seasonal Off-Site Accessory Parking lot for Captain Jacks Restaurant. Kansier: Reviewed the agenda item in connection with the staff report, noting that the primary reason for the appeal was the requirement of paving the parking lot. Pace: Asked the length of the proposed lease. 4 City Council Meeting Minutes DRAFT July 19, 2004 Kansier: Advised that the City does not know the lease term which is the reason for requiring the agreement. leMair: Asked how many spaces will be created. Kansier: 30. Zieska: Asked if a new home or a seasonal cabin is required to have a hard surface drive. Kansier: Confirmed. Mayor Haugen opened the public hearing. Steve Sammis (17700 Mushtown Road, representing ownership of Captain Jacks): Commented that the restaurant is an active member of the Prior Lake community and helps to make Prior Lake a destination recreational lake. Talked about the challenges that the restaurant faces, including congestion and parking, and its desire to be a good neighbor. Hoped that the addition of the parking lot will help address some of the issues that are important to the neighborhood. Advised that he did not believe paving the lot was possible because the restaurant did not own the property and the landlord does not want the area paved. The owner is not interested in selling the land. Reviewed the plans for landscaping to dress up the lot. leMair: Asked about crosswalks. Sammis: Advised that there have been no discussions as to crosswalks at this point. Kansier: Advised that crosswalks are not included as a condition of the Conditional Use Permit, but could be added. Hauaen: Asked about the comers of the lot not being landscaped. Did not want possible alternative accesses. Sammis: Suggested adding larger landscaping in those areas. Some dead space is required in order to accommodate the stacking. Hauaen: Submitted two additional letters; one in favor of the paving, and one supporting not paving. MOTION BY PETERSEN, SECOND BY ZIESKA, TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. leMair: Commented that he is comfortable with using Class 5. Hoped that this lot will alleviate some of the parking issues. Believed there has been a good communication effort between the ownership and the neighborhood to solve some of the problems. Would like to see crosswalks. Zieska: Complimented the ownership in addressing the concerns of the neighborhood. Believed the City ahs a commitment to aesthetics and treating people fairly. Believed the City should be consistent in is requirement for other properties and require paving. Blombera: Understands both the position of the Planning Commission and that of the Traffic Safety Committee. Believed getting traffic off the street is important from a safety perspective. Also believed the lot would be improved from its current state. Suggested "no parking" on Green Heights Trail once this lot is in place, and including crosswalks. Advised that her decision is to take the course that is the safest for the public. 5 City Council Meeting Minutes DRAFT July 19. 2004 Hauaen: Advised that the ownership has had many neighborhood meetings to discuss on-going issues. Hopes that there is an increased sense of cooperation. Believed a long-term solution is sought, and this is a step in the right direction. Pointed out that the Planning Commission was undecided in that there vote was split. Supported using Class 5. Blombera: Also pointed out that this is a seasonal lot, and that the Conditional Use Permit conditions should be strictly upheld. It will also be re-evaluated in 24 months, or March 1, 2006. Zieska: Asked the dates of the season. Kansier: April 15th to October 15th. MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE RESOLUTION 04-120 OVERTURNING THE DECISION OF THE PLANNING COMMISSION TO REQUIRE PAVEMENT ON A SEASONAL OFF-SITE ACCESSORY PARKING LOT FOR CAPTAIN JACKS RESTAURANT, AND REQUIRING CROSSWALKS AND RE-EVALUATION OF THE CONDITIONAL USE PERMIT IN MARCH 2006. VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, Nay by Zieska, the motion carried. Consider Approval of an Ordinance Annexing 3 Acres of Property Located in Section 10, Spring Lake Township, pursuant to Minnesota Statutes 414.0333 (Brown) Kansier: Reviewed the agenda item in connection with the staff report. Mayor Haugen opened the public hearing. Dave Brown (1227 Pioneer Lane, Shakopee): Commented that the discrepancy on the map with respect to this property was discovered during the orderly annexation agreement. Staff suggested using this process to adjust the boundary. MOTION BY PETERSEN, SECOND BY LEMAIR, TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Petersen: Commented that during the orderly annexation process, the property lines would have been extended, except that there was new roadway pavement in the area, so then the area was cut back with the idea that there wasn't a need to tear up new pavement to install sewer and water. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE ORDINANCE 04-23 ANNEXING 3 ACRES OF PROPERTY LOCATED IN SECTION 10, SPRING LAKE TOWNSHIP, PURSUANT TO MINNESOTA STATUTES 414.0333 (BROWN). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. PRESENTATIONS: Introduction of Planning Coordinator Danette Moore. Kansier: Introduced Danetle Moore, who was assuming the duties of Planning Director. Danetle started on July 12th, and jumped right in. Danetle has been very energetic and we are happy to have her on board. Moore: Thanked the City for an opportunity that she is very much looking forward to, and advised that should the public or Council have questions, not to hesitate to call on her. 6 City Council Meeting Minutes DRAFT July 19, 2004 Lakefront Days (Chris Mahowald, Chamber Vice President) Mahowald (Chamber Vice President): Reviewed each of this year's Lakefront Days events and encouraged everyone to join in the festivities. Also thanked the City for all of their help in planning and sponsoring events because Lakefront Days would not happen without this partnership. Progress on Jeffers Pond Development Bovles: Reviewed the agenda item in connection with the staff report advising that the Estate and School District have entered into a purchase agreement for a school site. Also noted the City contribution to the effort in accepting park dedication for the school outdoor facilities and outdoor learning center. Further pointed out that the City Attorney was instrumental in spearheading the negotiations. Hauaen: Thanked the City Attorney for her efforts. Pace: Also thanked Mr. Oberg, the attorney for the Jeffers Estate, in his efforts to carry out the vision of his client. OLD BUSINESS Consider Approval of a Resolution Approving the Preliminary Design / Alignment for Improvement of CSAH 12 from TH13 to CSAH 17. ALBRECHT: Reviewed the agenda item in connection with the staff report. Chris Chromv (project engineer, Bolton & Menk): Reviewed the three segments of the project. Hauaen: Discussed the City's effort to garner input trom the neighborhood over a number of public meetings, as well as the efforts to cooperate with the County to develop a roadway that will serve the community into the future as the area to the west develops. leMair: Asked if the preliminary design changes, how the timeline would be affected. Albrecht: Commented that the largest issue seems to be the sidewalk, as undergrounding ot utilities and street lighting could be addressed turther into the project. Also pointed out that the roadway is contained primarily in its existing location. Since the roadway would not move, there would be no significant time change. leMair: Asked if the sidewalk issue could affect right-ot-way acquisition. Chromv: Advised that grading is still required in the area and the right-ot-way will have to be required. The only difference is whether there would be a sidewalk placed or not. Petersen: Asked why additional storm water ponding at TH13 requires taking 2 parcels. Albrecht: Explained that by re-aligning the intersection with TH13 to improve the safety in the area, the right-of-way required happens to significantly impact both properties. Since both properties would need to be acquired, there was an opportunity for us to use the property to address storm water issues. 7 City Council Meeting Minutes DRAFT July 19, 2004 Petersen: Asked if there will be additional storm water runoff with the new roadway. Albrecht: Advised that the issue is infiltration and the improvement and re-routing of existing storm water, rather than increased volume. Petersen: Asked if fewer drives in Segment 3 will mean increased speed in the area. Chromv: Commented that the roadway design and site lines would be as such that the driving speed should not increase, even though motorists will not have to watch for multiple accesses. The drawback of creating a "frontage road" is that more right-of-way is required, but it seems to be the most feasible and safest approach. Blombera: Asked the width of the sidewalk on the north side of Segment 2 if there was only one sidewalk. Also asked about the impact of the right-of-way taking on the Green Acres status of some of the farm / pasture land. Leslie Vermillion (County Public Works Director): Was unable to comment on the impact to the Green Acres status, but would consult the County Ag office and County Attorney to find an answer. Hauaen: Discussed the possible impact of annexation on this roadway over the next 20 years, which could result in this roadway being a major east-west thoroughfare that connects TH13 and CSAH 17. Asked people to also think how the roadway can best address the needs of the future. Also advised that since all of the Councilmember were not able to attend the last public meeting on this topic, the Council would open the podium to public comments. Denise Craia (2855 Spring Lake Road SW): Supported many aspects of the project. Believes the road is dangerous. With respect to sidewalks in Segment 2, favors only one of the north side. Also concerned that this is an environmentally area and has some objection to barrier curb. It also limits on-street parking. Mary Heinz (2895 Spring Lake Road SW): Concerned with losing 9 trees and much of her driveway. Jim Weninaer (2951 Spring Lake Road SW): Understands that this decision impacts the whole of the community, but that the residents of the neighborhood as the ones who know the area. Supported the frontage road concept in Segment #3 and believes it should be considered in Segment #2. Rumors have circulated that Three Rivers Park District has withdrawn from Spring Lake Regional Park. If so, maybe it should be reconsidered that this project has to happen at this time. Suggested several other road realignments. Urged the Council that if dynamics have changed, that they take another look and make sure this is done right. Also commented that sidewalks are designed for people moving through a neighborhood, rather than for a neighborhood. Believed one sidewalk in Segment #2 is adequate. Did not believe there was consistency in the City's sidewalk policy. Suggested that long-term planning include utilization of a trail system through Segment #2 and Spring Lake Park away from high traffic areas. Also had environmental concerns with impervious surface run-off with an additional sidewalk. Suggested that using a mottled curb would preserve nature and wildlife in the area. Also advised that on-street parking would be difficult with a barrier curb. Lastly, suggested sequencing the road reconstruction project with the Stemmer development in order to mitigate impacts upon the neighborhood. Randv Baldwin (2535 Spring Lake Road SW): Commented that residents have spent a lot of time giving input and attending meetings. Believes the message has been the same each time; that one sidewalk is sufficient for Segment #2. Two sidewalks increase maintenance as well. Also believed a second sidewalk could be added, if needed, at a later date since the right-of-way will already be there. There is not a timeline for development of Spring Lake Park. Segment #2 will have many driveways impacted. Suggested that Arcon not be given development approval until after the reconstruction project is complete. Added that residents in the area plan to there long-term, and are also interested in long-term solutions to the traffic and safety in the area. 8 City Council Meeting Minutes DRAFT July 19, 2004 Cornelius McAllister (3582 Basswood Circle): Explained that he is proud of his community, believes in progress, and doesn't typically complain. Advised that his property has a rear access garage and drive that he uses and is the reason that he bought the property. It does not show as an access on the plan, and he would like to keep it. Hasn't gotten any answers. Also suggested that the speed in the area be kept as low as possible. Warren Erickson (3031 Spring Lake Road): Wants a nice road and pedestrian access where he can run. Should be consistent with Northwood Road. Also suggested dressing up the neighborhood with street lighting and underground utilities. Further commented that on County roads within the City, he could not find any case where a double sidewalk was in place. Also suggested that there be posted signage for no snowmobiles as it is illegal to operate them on the roadway. Lastly, encouraged that the speed limit remain consistent from TH13 to CSAH17. Bernie Arnoldi (3094 Spring Lake Road): Opposed to two sidewalks and believes one is adequate. Suggested re-naming the road to give it one name instead of three. Also believed that the Creekside Circle properties off should be included in the project because their only access is onto CSAH 12. Also supported consistent speed and more patrol in the area to monitor speed. Mike Schiffer (2883 Spring Lake Road): Commented that it is likely that CSAH 82 and CSAH 17 will be the primary corridors to handle the traffic that is a result of expansion in the annexation area. And that CSAH 12 will not likely be solely impacted as the Mayor suggested. Mike Burdick (3063 Spring Lake Road): Concerned with assessments. Commented that there were only two sentences in the staff report about resident comments after 3 public meetings. The message has been consistent. Believed it would be a slap in the face to the residents if the Council ignored their feelings. Believed that undergrounding utilities and including street lighting should have been considered from the beginning. Also commented that this area would never be able to support an additional 5000 homes. Steve Hunt (3070 Creekview Circle): Advised that he also supported one sidewalk on the north side would give better sight lines at the curb. Suggested incremental tax for undergrounding utilities. Did not support Mr. Weninger's suggestion of trails through Spring Lake narrows. Did support reduced speed in the area, as well as the suggestion to re-evaluate the project if the Regional park development is not immediate. Sandi Breaaeman (1966 Shoreline Blvd): Advised that her property is in Segment #3 and the east side of her property abuts the Stemmer development. Advised that sidewalks in her area could take 1/3 of her yard. Needs to be a different alternative for Segment #3. Warren Erickson: Commented that he has an old blueprint for the development of Segment #3 where it dead-ends at Spring Lake Road on both sides. Zieska: Commented that the City code limits cul-de-sacs to 500 feet for public safety reasons. On this roadway, there would need to be a secondary access. Leslie Vermillion: Advised that the County was aware of the plan, but that it would be unlawful by the Wetland Conservation Act of 1991. The plan also defeats the purpose of making connectivity between collector roadways. Mike Burdick: Suggested that with all the dialogue and open issues, it would be prudent to delay a decision tonight. Blombera: Commented that there are many issues to clarify before she could make a decision. Supported postponement. 9 City Council Meeting Minutes DRAFT July 19, 2004 Petersen: Appreciates the concerns as to assessments so people can know what they are getting into. Albrecht: Explained the process and repeated that the assessment committee will get together to start the process. In the meantime, staff and the engineer can probably provide a range. Zieska: Asked the pros and cons of a surmountable curb versus a barrier curb. Albrecht: Advised that surmountable curbs are being looked at for the park area. The downside to surmountable curbs is that a thicker pour is required if used for parking which increases cost, and they do not provide any distinct barrier to somewhat contain traffic. Osmundson: Added that there is not much difference between a surmountable curb and a 4-inch curb. A 6-inch curb offers the best safety. Surmountable is sometimes used in new development when driveways are not defined. Zieska: Commented that he would like to see the McAllister property keep its CSAH 12 access. Believed comparisons to Northwood Road are apples-to-oranges because the nature of the roads is different. East-west roads tend to be constructed for high capacity because we have significant barriers to access called Prior Lake and Spring Lake. It is not reasonable or lawful for the City to withhold development of the Arcon development. Commented on the difficulty with re-naming. Believed on sidewalk is the solution and makes the most common sense. Advised that two sidewalks on collectors is happening as property develops. Would like to follow-up on the question related to "green acres" impacts. LeMair: Commented that he typically tends to lean on behalf of the neighborhood and believes the lighting and undergrounding of utilities needs to take place. Believed barrier curbs need to be included because they are safer. Supports the frontage road design in order to eliminate accesses. Would also like the green acres question answered. Further commented that he has small children and lives on a cul-de-sac abutting a collector street with no sidewalks and he worries about the safety of his kids every time they go outside to play because they need to walk, or ride their bikes, or roller blade, or skate board on the road. Believed anything to make the CSAH 12 neighborhood safer was his responsibility to the whole area. Supported two sidewalks. Hauaen: Agreed that it is appropriate to defer this decision until some answers can be provided, but commented that development along CSAH 12 is inevitable and higher use of CSAH 12 will happen once the area is improved. One big issue for him is speed control, but noted that often times speed control starts with the neighborhood. Wanted to see barrier curb because it will be unsafe to have parking half-way on half-way off the street. Also supported snowmobile regulation and signage. Explained that assessment will come as the process progresses, but agreed that the green acres question needs answered. Noted that the regional park will evolve at some point and we need to plan now because we are not doing this road twice. Suggested a wider bike trail along the north side of the road. Blombera: Agreed with the suggestion of a bike trail on one side of the road if it is feasible. Would like to see street lighting included because it will increase safety, as would a barrier curb. Believed snowmobile posting was a good idea. Supported the access for the McAllister property. Also asked about crosswalks with warning lights. Leslie Vermillion: Advised that Spring Lake Regional park was still a park of the Three Rivers Park District's master plan. Commented that crosswalks with warning lights are something to consider further on where the appropriateness of placing those might be. Pointed out that sidewalks generate activity and an urban feel to an area and generally aid in slowing down traffic. Clarified that the staff will follow up on the green acres question, the feasibility of a wider bike trail along the north side and how that transition might occur, maintaining consistent drive speed throughout the project, and providing some parameters as to assessments. 10 City Council Meeting Minutes DRAFT July 19, 2004 MOTION BY BLOMBERG, SECOND BY PETERSEN TO DEFER THIS ITEM TO AUGUST 16, 2004. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Report Concerning Topsoil Requirements, Landscaping, Sodding, Weed Control, Erosion Control and Drainage Issues on New Lots. [THIS ITEM WAS DEFERRED DUE TO THE LATE HOUR.] Consider Approval of a Resolution Approving Change Order #1 for Additional Street Overlays to be Added to the 2004 Park Trails and Street Overlay Project. Osmundson: Reviewed the agenda item in connection with the staff report. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-121 APPROVING CHANGE ORDER #1 FOR ADDITIONAL STREET OVERLAYS TO BE ADDED TO THE 2004 PARK TRAILS AND STREET OVERLAY PROJECT. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. NEW BUSINESS Consider Approval of a Resolution Approving the Advertisement for Bid for the Well 4 Pumphouse Rehabilitation. OSMUNDSON: Reviewed the agenda item in connection with the staff report. MOTION BY ZIESKA, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04-122 APPROVING THE ADVERTISEMENT FOR BID FOR THE WELL 4 PUMPHOUSE REHABILITATION. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Report from the Police Station / City Hall Project Subcommittee. Bovles: Reviewed the agenda item in connection with the staff report. leMair: Supported the subcommittee recommendation. Zieska: Asked if the architect and Owner's Representative would be on board before site selection. Bovles: Confirmed. Zieska: Suggested a timeline of December 2004 to have site selection determined and to begin the design phase. Petersen: Supported. Blombera: Supported. Hauaen: Supported. 11 City Council Meeting Minutes DRAFT July 19, 2004 MOTION BY ZIESKA, SECOND BY BLOMBERG TO APPROVE THE STAFF RECOMMENDATION WITH THE ADDITION OF A DECEMBER 2004 DEADLINE FOR SITE SELECTION. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. OTHER BUSINESS With no other comments from Councilmembers, a motion to adjourn was made and conded. The meeting adjourned at midnight. Frank Boyles, City Manager 12